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Results Guilty Of Basic Research

Posted on:2008-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y R ZhaoFull Text:PDF
GTID:2206360215460787Subject:Law
Abstract/Summary:PDF Full Text Request
The consequential offense which is the basic criminal pattern is not only the fundamental theory to study behavioral offense, dangerous offense and aggravated consequential offense but also the argument focal point on discussing attempted crime. The article divides for four main parts which include concept of consequential offense, concerns between consequential offense and other concerned concepts, types and unaccomplished offense of the consequential offense.The article maintains that consequential offense refer to the fundamental offense is abundant element to basic criminal composition and behavioral offense refer to such crimes that do not require harmful results and basic constitutive conditions are abundant as soon as dangerous act had completed. Results of consequential offense include material consequence, nonmaterial consequence and dangerous result. The consequential offense divides for four necessary elements. Certain criminal consequence which is stipulate in criminal law by legislators and the causality between harmful results and dangerous acts, moreover, doer can recognized that harmful results are certain offense of his criminality.Among of consequential offense, behavioral offense, dangerous offense, aggravated consequential offense and plot offense have both differences and contacts.The consequential offense divides for the important result and completed result of consequential offense, the already result crime and dangerous crime, calculated crime, negligent crime and the crime with mix faulty.Both crimes with indirect intention and negligent crime have not criminal attempt. Crimes with direct intention have unaccomplished offense shape, but not all unaccomplished offender must be punished. The author proposes that general rules of criminal law stipulates the unaccomplished offense of felony as principle and the unaccomplished offense of minor offense must be stipulated in concrete clause of criminal law as exception.
Keywords/Search Tags:consequential offense, behavioral offense, attempted crime
PDF Full Text Request
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